An FWC full bench has accepted that ordering a "cooling off" period unfairly rewarded an employer for its intransigence in refusing to bargain during a protected strike.
Esso Australia is seeking to prevent the Fair Work Commission from making a workplace determination for its Bass Strait oil and gas operations, arguing its legal basis has been "fatally undermined" by a recent High Court ruling.
Glencore's Oaky North coal mine workers have voted to accept the same in-principle agreement that they rejected in January, with the CFMMEU crediting its successful FWC bid to pause a bitter seven-month lockout with creating the right environment to break the deadlock.
The South Australian branch of the AWU has refused to participate in a hearing into a major grain company's successful agreement termination bid, telling the FWC it has "no confidence" in a legal process for employer terminations that unfairly bolsters their bargaining position.
The Fair Work Commission has blocked an attempt by 83 employees of an oil and gas refinery at Geelong from resigning en masse as members of an in-house Fire Auxiliary Team in a disagreement over safety and training.
A review of the 2015 amendments to the Fair Work Act's greenfields agreements provisions has rejected union pleas to axe "last offer" arbitration - despite a failure by employers to utilise it - and has recommended reducing from six months to three the "negotiating period" before the FWC can break deadlocks.
In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.
In a significant decision on multi-hiring arrangements, a court has ruled that an Australia Post employee holding two "separate and distinct" part-time positions could not base overtime and other entitlements on combined hours.
In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.
